Medical Liability For Breach Of Contract Theory

In the recent years, the theory of the medical service breaking a contract has obtained a considerable development. In the news media, we can always see such title: the medical service hasn't constituted the incident of malpractice, but it is still sentenced to pay the compensation. Carefully studying it, in most cases, the hospital is sentenced to undertake the responsibility, because it has broken the service contract.The responsibility for the medical service breaking a contract is on the basis of the theory of the medical service contract .The medical service contract is different from the general service contract in both its signing and its contents, for example, once the contract is made, the medical service must carry out the promise; the contents of the medical service are obligation of means; the contract between the medical service organization and the patient has the characteristics of fuzziness and generality; so the responsibility for the medical service breaking a contract has its own particularity in the contents, the form system and the principle of determining responsibility.Regarding the medical service breaking a contract and the right infringement responsibility, it is difficult to define them clearly by the traditional classification method: to violate the agreement or to violate the law. As a result of the generality of the medical service contract, the legal duties have already become the contents of the agreement, and so not undertaking the responsibility according to the agreement can lose its potency, because it has broken the legal duty, and this can make it complicated for the responsibility for the medical service breaking a contract and the right infringement responsibility to concur with each other.Therefore, it is especially important to discuss the difference between the responsibility for the medical service breaking a contract, the responsibility of generally breaking a contract and the responsibility for the medical service infringing the right. So the responsibility for the medical service breaking a contract should have its own theory system. This thesis has made a preliminary discussion on constructing this kind of theory system.The thesis includes the following five parts altogether.The first part is about the general analysis on the responsibility for the medical service breaking a contract. I have mainly made a historical review to the development...